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Name of the act/s* |
Constitutional Court, 1st of October 2020, V 392/2020-12 |
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Subject area |
Constitutional Law; Covid-19 |
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Brief description of the contents of the act |
In its decision, the Constitutional Court emphasized, that an administrative authority which enacts an administrative regulation (based on the COVID-19 Maßnahmengesetz [Act on Measures against COVID-19]) taking measures against COVID-19 has to be based on facts, which allow for the assessment of its proportionality. The enacting authority has to record these facts. |
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Comment |
The decision of the Constitutional Court can be considered a follow-up decision since the Court already took a similar decision in July 2020 (14th July 2020, V 411/2020). It is of significance because the Court is stressing the fact, that the administrative regulation has to be based on evidence and that this evidence has to be recorded. |
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*Act citation /year and number |
Constitutional Court, 1st of October 2020, V 392/2020-12 |
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Enacted by |
Constitutional Court |
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Official link to the text of the act |
https://www.vfgh.gv.at/downloads/VfGH-Erkenntnis_V_392_2020_vom_1._Oktober_2020.pdf |