Constitutional Compliance or Governmental Mismanagement? Rights Limitation in Austria from Lockdowns to Compulsory Vaccination
Arianna Vedaschi (eds), Government Policies to Fight Pandemics: Defining the boundaries of legitimate limitations on fundamental freedoms (Intersentia) (Forthcoming)
17 Pages Posted: 16 May 2023
Date Written: May 15, 2023
Abstract
This paper traces back the legal COVID-19 responses by the Austrian government. In the first part of the paper legal and institutional issues are raised. The rejection of the state of emergency, the concept of legal responses, the role of Parliament and the multilevel system will be examined. The second part focuses on the limitation of fundamental rights and the case law of the Austrian Constitutional Court.
Keywords: Austria, Pandemic, COVID-19, Constitutional Law, Rule of Law, Human Rights, State, Parliament, Times of Emergency, Constitutional Court
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