Developments in Austrian Constitutional Law

Albert/Landau/Faraguna/Drugda (eds), 2016 Global Review of Constitutional Law, published by I•CONnect and the Clough Center for the Study of Constitutional Democracy at Boston College, ISBN: 978-0-692-92516-4 (2017)

7 Pages Posted: 10 Aug 2017

See all articles by Konrad Lachmayer

Konrad Lachmayer

Sigmund Freud University, Faculty of Law

Date Written: 2016

Abstract

The year 2016 was dominated by the Austrian presidential elections, which were closer than ever before. The drama levels were increased when the Constitutional Court annulled the result of the run-off election (the first time this had happened in Austrian constitutional history). In the end, the (relatively) clear majority achieved against the Freedom Party candidate in the rescheduled election in December 2016 concluded an eventful year in politics.

Besides these core constitutional developments, it is worth mentioning that the role of the Constitutional Court is changing, with the Court’s competences having been extended in the last few years. In 2014, it gained the competence to review the procedures of the parliamentary investigative committee, which led to important case law in 2015. Meanwhile, since it had not been possible in the traditional Austrian constitutional framework for an individual to file a constitutional complaint against a judgment of an ordinary court, a new kind of legal protection was introduced in 2013, giving parties in civil or criminal law cases at ordinary courts the possibility to file a constitutional complaint against the statutory provisions applied by the ordinary court of first instance; the Constitutional Court can now review the constitutionality of the respective provisions at the request of a party and not only at the request of the court. The scope of this access to the Constitutional Court was significantly increased by the Constitutional Court in 2016.

JEL Classification: K00, K19, K33, K39, K49

Suggested Citation

Lachmayer, Konrad, Developments in Austrian Constitutional Law (2016). Albert/Landau/Faraguna/Drugda (eds), 2016 Global Review of Constitutional Law, published by I•CONnect and the Clough Center for the Study of Constitutional Democracy at Boston College, ISBN: 978-0-692-92516-4 (2017), Available at SSRN: https://ssrn.com/abstract=3015186

Konrad Lachmayer (Contact Author)

Sigmund Freud University, Faculty of Law ( email )

Freudplatz 3
Vienna, 1020
Austria

HOME PAGE: http://www.lachmayer.eu

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