Posts tagged #Constitutional Law
All PostsSection 6(2)(4) of the Consumer Protection Act Is Constitutional
Constitutional LawThe Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has rejected as unfounded the application seeking annulment of Section 6(2)(4) of the Consumer Protection Act (Konsumentenschutzgesetz, hereinafter KSchG), which pertains to...
Austria: From Official Secrecy to Freedom of Information
Constitutional LawThe implementation of the new Austrian Freedom of Information Act (Informationsfreiheitsgesetz, hereinafter IFG) on 1 September 2025, will grant all individuals the right to access government-held information. Authorities and public bodies will be re...
ORF TV Licence: Austrian VfGH Declares Regulation Constitutional
Constitutional LawOn 24 June 2025, the Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) issued a ruling determining that the existing television licence scheme for Austria’s national public broadcaster, ORF, does not violate constitutional prov...
Austrian VfGH: The ‘Orderer’s Principle’ Is Constitutional
Constitutional LawSince 1 July 2023, in Austria the ‘orderer’s principle’ (Bestellerprinzip) has applied to the letting of residential property. The Bestellerprinzip refers to a policy in Austria’s real estate market that whoever hires an estate agent to arrange a ten...
GER: Constitutional Court on EncroChat Data as Evidence
Constitutional LawThis is the first time that the German Federal Constitutional Court (Bundesverfassungsgericht, hereinafter BVerfG) has been asked whether the use of EncroChat messages as evidence is constitutionally permissible. The case at hand was a constitutional...
GER: DIE PARTEI’s Motion against Election Threshold Fails
Constitutional LawThe German Federal Constitutional Court (Bundesverfassungsgericht, hereinafter BVerfG) has been approached by Die PARTEI (Party for Labour, Rule of Law, Animal Protection, Promotion of Elites and Grassroot-Democratic Initiative[1]), which is challeng...
OGH: Is Section 1159 ABGB Unconstitutional?
Constitutional LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has asked the Austrian Constitutional Court (Verfassungsgerichshof, VfGH) to declare unconstitutional the new termination provisions of Section 1159(1) to (4) of the Austrian Civil Co...
GER: Ne bis in idem – Justice or Legal Certainty?
Constitutional LawOnce you have been legally acquitted, you do not have to worry for the rest of your life that your case will be reopened if there is new evidence. This controversial provision of the 2021 German Criminal Procedure Code has now been declared unconstit...
Austria: COFAG Partly Unconstitutional – Continued Disbursing
Constitutional LawThe Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has declared parts of the legal basis of the COVID-19 Financing Agency of the Federal Government GmbH (COFAG) to be unconstitutional. However, payments can continue for th...
Can Courts Use EncroChat Data to Convict Criminals?
Constitutional LawThe question of whether courts can use EncroChat data as evidence remains open. The German Federal Constitutional Court (Bundesverfassungsgericht, hereinafter BVerfG) has rejected several constitutional complaints for decision. EncroChat had long bee...
VfGH on Climate Protection: No Right to Heating Oil Ban
Constitutional LawThere is no subjective right to issue an ordinance banning the sale of fossil fuels and heating oil, the Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has confirmed. The environmental organisation GLOBAL 2000 was one of tho...
VfGH: Counterstatements May Be Too Expensive
Constitutional LawThe Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has repealed Section 17 (5) of the Austrian Media Act (Mediengesetz, hereinafter MedienG) as unconstitutional, as the cost risk of wrongfully obtained counterstatements can ...
VfGH: Mere University Degree Insufficient to Run a Restaurant
Constitutional LawThe Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has ruled that a university degree is not prerequisite to running a business in the hospitality industry. The corresponding provision of the Austrian Hospitality Ordinance (...
VfGH: Interest-free Debt Moratorium Is Constitutional
Constitutional LawThe Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has rejected the request by 403 banks to review the law on the interest-free debt moratorium during the pandemic. Section 2 of Austrian Zweites COVID-19-Justiz-Begleitgesetz...
VfGH: OPEC Headquarters Agreement in Part Unconstitutional
Constitutional LawFor the first time, the Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has found sections of an international treaty to be unconstitutional. Two provisions of the Agreement between the Republic of Austria and OPEC (Organisation of Petro...
DE: Provisional application of CETA upheld by BVerfG
Constitutional LawThe German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) had to decide on an action filed by the Left Party (“Die Linke”) parliamentary group in the Bundestag and on other numerous constitutional complaints against the provisional a...
VfGH: Pharmacy proviso is not unconstitutional
Constitutional LawThe Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has ruled in a procedure at the request of a drugstore chain that the ban on the purchase and sale of non-prescription medicines (Apothekenvorbehalt) pursuant to Sec. 57 (1) of the Medi...
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