Decision of the Constitutional Court, E 4248/2017 (3/2018)

Stampa

Date

10th of October 2018

Type of Act

(name in English / in the official language)

Decision of the Constitutional Court; E 4248/2017

Enacted by

Constitutional Court

Reference to the Constitution (art.)

Art 8, Art 14 ECHR; Federal Constitutional Act on

Elimination of Racial Discrimination

Subject area

Discrimination

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

 

Comment

The Asylum Act distinguishes between those granted asylum and those enjoying subsidiary protection with regard to family reunification. For the latter a general waiting period of three years applies. The Constitutional Court found, that this does not constitute a violation of Art 8 ECHR (private life), nor does it discriminate between strangers.

Secondary sources/ doctrinal works (if any)

 

Available Text

https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Vfgh&Dokumentnummer=JFT_20181010_17E04248_00

Date of entry into force