The Austrian Constitutional Court

Grabenwarter, Christoph

doi:10.1093/oso/9780198726418.003.0002

- Copyright Page
  - Notes
  - Notes
- Preface
  - Notes
  - Notes
- Table of Cases
  - Notes
  - Notes
- Table of Legislation
  - Notes
  - Notes
- List of Contributors
  - Notes
  - Notes
1 Constitutional Adjudication in the European Legal Space
- Notes
- Notes
- A. Introduction A. Introduction
- B. Creation and Development B. Creation and Development
  - 1. The Roots of Constitutional Adjudication in the Nineteenth Century 1. The Roots of Constitutional Adjudication in the Nineteenth Century
    - a) General Observations a) General Observations
    - b) The Reichsgericht as a Rudimentary Constitutional Court b) The Reichsgericht as a Rudimentary Constitutional Court
    - c) The Staatsgerichtshof—A Public Law Jurisdiction on Paper Only c) The Staatsgerichtshof—A Public Law Jurisdiction on Paper Only
  - 2. The Austro-German Constitutional Court 2. The Austro-German Constitutional Court
  - 3. The Establishment and Early Work of the Constitutional Court under the Federal Constitution of 1920 3. The Establishment and Early Work of the Constitutional Court under the Federal Constitution of 1920
  - 4. The Constitutional Court Between 1925 and 1933—The Crisis and Failure of Constitutional Adjudication 4. The Constitutional Court Between 1925 and 1933—The Crisis and Failure of Constitutional Adjudication
    - a) The So-Called Depoliticization: A First Attack on the Independence of the Constitutional Court a) The So-Called Depoliticization: A First Attack on the Independence of the Constitutional Court
    - b) The Disempowerment of the Constitutional Court in 1933 b) The Disempowerment of the Constitutional Court in 1933
- C. The Current Legal Design in Context C. The Current Legal Design in Context
  - 1. Structural Features of Austrian Constitutional Adjudication 1. Structural Features of Austrian Constitutional Adjudication
    - a) A Centralized Jurisdiction with a Monopoly on the Voiding Unconstitutional Legislation a) A Centralized Jurisdiction with a Monopoly on the Voiding Unconstitutional Legislation
    - b) Judicial Review by the Constitutional Court: Focussing on Acts of Law b) Judicial Review by the Constitutional Court: Focussing on Acts of Law
    - c) Ex Post Review c) Ex Post Review
    - d) The Abrogation of Unlawful Acts d) The Abrogation of Unlawful Acts
    - e) Constitutional Adjudication and the Separation of Powers e) Constitutional Adjudication and the Separation of Powers
    - f) The Special Status of Constitutional Adjudication f) The Special Status of Constitutional Adjudication
  - 2. The Organization of the Constitutional Court 2. The Organization of the Constitutional Court
    - a) The Composition of the Constitutional Court and Appointments to its Bench a) The Composition of the Constitutional Court and Appointments to its Bench
    - b) The Legal Status of the Members of the Constitutional Court b) The Legal Status of the Members of the Constitutional Court
    - c) The Bench c) The Bench
  - 3. The Types of Proceedings and Decisions in Austrian Constitutional Adjudication 3. The Types of Proceedings and Decisions in Austrian Constitutional Adjudication
    - a) Cross-Cutting Elements a) Cross-Cutting Elements
      - i. The course of constitutional proceedings i. The course of constitutional proceedings
      - ii. The ruling: The theoretical influences and the style of reasoning ii. The ruling: The theoretical influences and the style of reasoning
      - iii. The interpretive practice iii. The interpretive practice
      - iv. The workload and the average length of individual cases iv. The workload and the average length of individual cases
    - b) The Review of Abstract and General Legal Acts b) The Review of Abstract and General Legal Acts
      - i. Statutes i. Statutes
      - ii. Ordinances and re-promulgations (declaratory promulgations) ii. Ordinances and re-promulgations (declaratory promulgations)
      - iii. International treaties iii. International treaties
    - c) The Review of Individual Legal Acts c) The Review of Individual Legal Acts
    - d) The Procedure in Conflicts of Jurisdiction d) The Procedure in Conflicts of Jurisdiction
      - i. Adjudicating conflicts of jurisdiction i. Adjudicating conflicts of jurisdiction
      - ii. Establishing jurisdiction ii. Establishing jurisdiction
    - e) Organ Disputes Relating to Committees of Inquiry e) Organ Disputes Relating to Committees of Inquiry
    - f) Decisions on Treaties Between Constituent Units of the Federation f) Decisions on Treaties Between Constituent Units of the Federation
    - g) Jurisdiction in Matters of Electoral Law g) Jurisdiction in Matters of Electoral Law
    - h) State Jurisdiction (Staatsgerichtsbarkeit) h) State Jurisdiction (Staatsgerichtsbarkeit)
    - i) International Law Jurisdiction i) International Law Jurisdiction
    - j) Jurisdiction Regarding Pecuniary Claims and European State Liability j) Jurisdiction Regarding Pecuniary Claims and European State Liability
- D. The Role and Functions of Constitutional Adjudication D. The Role and Functions of Constitutional Adjudication
  - 1. The Relationship with the Legislature 1. The Relationship with the Legislature
  - 2. The Constitutional Court and Civil, Criminal, and Administrative Jurisdiction 2. The Constitutional Court and Civil, Criminal, and Administrative Jurisdiction
  - 3. Compliance with the Decisions of the Constitutional Court on the Part of Courts and Administrative Authorities 3. Compliance with the Decisions of the Constitutional Court on the Part of Courts and Administrative Authorities
- E. Evaluation E. Evaluation
  - 1. The Public Perception of the Constitutional Court 1. The Public Perception of the Constitutional Court
  - 2. The Reception of Constitutional Adjudication by Legal Scholars 2. The Reception of Constitutional Adjudication by Legal Scholars
  - 3. The Role and Self-Understanding Within the European Legal Space 3. The Role and Self-Understanding Within the European Legal Space
    - a) Influences of the European Convention on Human Rights a) Influences of the European Convention on Human Rights
    - b) The Role Within the European Union b) The Role Within the European Union
    - c) Conclusion c) Conclusion
- Notes
- Notes
3 The Belgian Constitutional Court
- Notes
- Notes
4 The Constitutional Court of Czechia
- Notes
- Notes
5 Constitutional Review in Finland
- Notes
- Notes
6 Constitutional Justice in France
- Notes
- Notes
7 The German Federal Constitutional Court
- Notes
- Notes
8 The Constitutional Court of Hungary
- Notes
- Notes
9 The Italian Constitutional Court
- Notes
- Notes
10 The Constitutional Court of The Republic of Latvia
- Notes
- Notes
11 Constitutional Adjudication in the Netherlands
- Notes
- Notes
12 The Polish Constitutional Tribunal
- Notes
- Notes
13 The Portuguese Constitutional Court
- Notes
- Notes
14 The Spanish Constitutional Tribunal
- Notes
- Notes
15 Constitutional Adjudication in Switzerland
- Notes
- Notes
16 The Influence of the United States Supreme Court on Judicial Review in Europe
- Notes
- Notes
- Index
  - Notes
  - Notes

Chapter

2 The Austrian Constitutional Court

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https://doi.org/10.1093/oso/9780198726418.003.0002

Pages

19–70

Published:

March 2020

Abstract

This chapter pays attention to the Austrian Constitutional Court. This court-constitutional adjudication is characterized by a single institution, which in its competences and organizational structure is essentially unchanged compared to the Constitutional Court that was established in 1920. In order to understand today’s constitutional adjudication, the chapter discusses its historical beginnings immediately after the end of the monarchy. It also reveals that, in the European comparison, the Austrian Constitutional Court is of great importance in national constitutional practice. It owes this essentially to its power to review and strike down statutes. Until very recently, the Constitutional Court had no authority in disputes between different organs of the state. Only since the beginning of 2015 has it been responsible for ruling on disputes between organs of the Nationalrat and organs required to provide information.

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2 The Austrian Constitutional Court

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