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Date |
18th of June 2019 |
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Type of Act (name in English / in the official language) |
Decision of the Constitutional Court, G 150-151/2018-34, G 155/2018-32 |
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Enacted by |
Constitutional Court |
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Reference to the Constitution (art.) |
Art 7 Austrian Federal Constitution |
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Subject area |
Equality principle, non-discrimination |
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If the act implements a source of EU Law: cite the relevant EU legal source |
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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. |
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Secondary sources/ doctrinal works (if any) |
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Available Text |
https://www.vfgh.gv.at/downloads/VfGH_Entscheidung_G_150_2018.pdf |
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Date of entry into force |