Date 

9^th October 2019

Type of Act

(name in English / in the official language)

Decision of the Constitutional Court, E1851/2019

Enacted by 

Constitutional Court

Reference to the Constitution (art.)

§ 2 Annulment of nobility Act (Adelsaufhebungsgesetz) [constitutional law]

Subject area

Annulment of nobility

If the act implements a source of EU Law: cite the relevant EU legal source

Comment  

The Constitutional Court had to decide whether the finding, that the complainant was found guilty because he used “von” (as a title of nobility) in his name on his homepage, constituted a violation of constitutionally guaranteed rights. The Court could not find a violation. 

Since § 2 Annulment of nobility Act is part of the Austrian Constitution further considerations regarding the constitutionality were not to be made.

Secondary sources/ doctrinal works (if any)

Available Text

https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Vfgh&Dokumentnummer=JFT_20191009_19E01851_00

Date of entry into force 

Date 

1^st October 2019

Type of Act

(name in English / in the official language)

Decision of the Constitutional Court, E1643/2019 (rejection of the complaint)

Enacted by 

Constitutional Court

Reference to the Constitution (art.)

Art 7 and Art 144 Austrian Constitution

Subject area

Environmental impact assessment

If the act implements a source of EU Law: cite the relevant EU legal source

Comment  

Based on Art 144 the Constitutional Court may reject a complaint if there is no prospect of success. The complaint was based on Art 7 Austrian Constitution and claimed, that the Federal Administrative Court had arbitrarily construed a contradiction between Austrian Law and EU Law (Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment). Yet, the Constitutional Court acknowledged, that the Federal Administrative Courts´ reasoning was based on the jurisprudence of the ECJ. According to the Constitutional Court, such reasoning might be taken. 

It is reasonable to classify places which are listed as cultural heritage according to the Convention Concerning the Protection of the World Cultural and Natural Heritage as particularly worthy of protection, and as a material criterion according to Annex III, No. 2, lit. c Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment.

Secondary sources/ doctrinal works (if any)

Available Text

https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Vfgh&Dokumentnummer=JFT_20191001_19E01643_00

Date of entry into force 

Date

18^th of June 2019

Type of Act

(name in English / in the official language)

Decision of the Constitutional Court, G 150-151/2018-34, G 155/2018-32

Enacted by

Constitutional Court

Reference to the Constitution (art.)

Art 7 Austrian Federal Constitution

Subject area

Equality principle, non-discrimination

If the act implements a source of EU Law: cite the relevant EU legal source

Comment

The Constitutional Court did not find that several provisions of the Law that amended the Tobacco Law (TabakG) and the Law on the Protection of non-smokers (Nichtraucherinnen und Nichtraucherschutzgesetz) were unconstitutional. The government of Vienna had filed a complaint grounded on Art 140 Austrian Federal Constitution and claiming a violation of Art 7 Austrian Federal Constitution. Yet, the Constitutional Court decided, that the legislator has a duty to forbid smoking in bars and restaurants in the light of Art 7 Austrian Federal Constitution.

Secondary sources/ doctrinal works (if any)

Available Text

https://www.vfgh.gv.at/downloads/VfGH_Entscheidung_G_150_2018.pdf

Date of entry into force

Date

6^th of March 2019

Type of Act

(name in English / in the official language)

Decision of the Supreme Administrative Court (Verwaltungsgerichtshof), Ro 2019/19/0006 of 21^st of May 2019

Enacted by

Supreme Administrative Court

Reference to the Constitution (art.)

--

Subject area

Asylum law, interpretation of national provisions in the light of an EU directive (Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, OJ L 337, 20.12.2011, p. 9–26)

If the act implements a source of EU Law: cite the relevant EU legal source

Comment

According to the case-law of the ECJ, the Status Directive provides for subsidiary protection only in cases of a real risk to suffer harm (due to the conduct of an actor or in case of threats in an armed conflict). Therefore, the national legislator cannot enact or maintain provisions, which grant a foreign person the status of subsidiary protection irrespective of the cause. A national grant of protection on other grounds - in particular family or humanitarian - does not fall within the scope of the Status Directive and requires a form that excludes the risk of confusion with the grant of protection under that Directive.

According to § 8 (1) AsylG 2005, which is granting the status of a subsidiary beneficiary, any real risk of a violation of Art. 3 ECHR in the country of origin, irrespective of being caused by actors or threats by armed conflict, is sufficient. Against the background of the clear will of the legislator, a so-called teleological reduction is not possible. It is therefore not possible to interpret § 8 (1) AsylG 2005 in conformity with the Directive.

Secondary sources/ doctrinal works (if any)

Available Text

https://www.vwgh.gv.at/rechtsprechung/aktuelle_entscheidungen/2019/ro_2019190006.pdf?71poih

Date of entry into force

Name of the act/s*

Bundesgesetz, mit dem das Bundesministeriengesetz 1986 geändert wird (Bundesministeriengesetz-Novelle 2020)

Subject area

Government

Brief description of the contents of the act

The Federal law enacts the new organization of the Federal ministries according to the results of the coalition negotiations of ÖVP and Die Grünen.

Comment

Secondary sources/ doctrinal works (if any)

*Act citation /year and number

BGBl. I Nr. 8/2020

Enacted by

Federation

Official link to the text of the act

https://www.ris.bka.gv.at/eli/bgbl/I/2020/8/20200128