Osservatorio sulle fonti / Observatory on Sources of Law
Section: Sources of Law in the EU member States
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AUTHOR (name and surname) |
Maria Bertel |
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COUNTRY |
Austria |
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YEAR |
2021 |
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Name of the act/s* |
VfGH 22.06.2021, E 2546/2020 |
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Subject area |
Asylum for EU citizens, Protocol (No 24) on asylum for nationals of Member States of the European Union |
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Brief description of the contents of the act |
A Jewish Lithuanian national applied for asylum in Austria. His application was rejected by the competent authority as well as his appellation against it. He then called the Constitutional Court arguing that the authorities had neither investigated on the situation of jews in Lithuania nor on his persecution by the Lithuanian state authorities. |
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Comment |
The Court rejected the appeal and accepted the argumentation of the Federal Administrative Court, which had argued, that the Lithuanian authorities and courts are – in the light of Protocol No 24 - in principle to be regarded as capable of and willing to provide protection. |
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Secondary sources/ doctrinal works (if any) |
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*Act citation /year and number |
VfGH 22.06.2021, E 2546/2020 (decision) |
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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_E_2546_2020_vom_22._Juni_2021.pdf |
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AUTHOR (name and surname) |
Maria Bertel |
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COUNTRY |
Austria |
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YEAR |
2021 |
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Name of the act/s* |
Ro 2020/10/0018 (EU 2021/0003), 1st of June 2021 |
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Subject area |
Art 56 TFEU, Art 17 TFEU; reference for a preliminary ruling |
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Brief description of the contents of the act |
The underlying question of the case is, whether Art 56 TFEU can be applied to an Austrian law (the “Privatschulgesetz”, the “Law on Private Schools”) limiting subsidies for private schools of churches only to those that are registered in Austria. If so, the question arises whether Art 56 TFEU allows granting subsidies to private schools of churches registered in Austria. |
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Comment |
The Supreme Administrative Court |
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Secondary sources/ doctrinal works (if any) |
In the initial proceedings (before the competent authority and the Federal Administrative Court), a religious community recognized in Germany (but not in Austria) applied for a state subsidy for a private school run in Austria. The school is run in Austria by an Austrian association. In Germany this association is recognized as religious community. The fact that the association is not recognized as religious community in Austria led to the rejection of the application for subsidies. |
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*Act citation /year and number |
Ro 2020/10/0018 (EU 2021/0003), 1st of June 2021 (resolution) |
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Enacted by |
Supreme Administrative Court |
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Official link to the text of the act |
https://www.ris.bka.gv.at/Dokumente/Vwgh/JWT_2020100018_20210601J00/JWT_2020100018_20210601J00.pdf |
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AUTHOR (name and surname) |
Esther Happacher |
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COUNTRY |
Austria |
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YEAR |
2021 |
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Name of the act/s* |
Bundesgesetz, mit dem das Epidemiegesetz 1950 und das COVID-19-Maßnahmengesetz geändert werden |
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Subject area |
Fundamental Rights; Covid 19 |
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Brief description of the contents of the act |
The Federal law contains the legal basis for the so called “Grüner Pass” and its digital version. The “Grüner Pass” is proof for having been vaccinated against Covid-19 or having received a negative test result or having recovered from COVID-19. It has been approved in relation to the EU Digital Covid Certificate which entered into application on 01 July 2021. |
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Comment |
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Secondary sources/ doctrinal works (if any) |
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*Act citation /year and number |
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Enacted by |
Federation |
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Official link to the text of the act |
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