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Jurisdiction: Overview

Jurisdiction: Overview

Each year the Constitutional Courts decides on 3000 to 5000 cases.

Selected Decisions of the Constitutional Court

On this page you will find selected decisions of the Court: Selected Decisions of the Constitutional Court

The Court’s decisions are published online, in the Legal Information System (RIS), dating back to 1980. There you can find rulings of the Court with the aid of keywords or legal regulations. Decisions published in the official collection between 1919 and 1979 can also be consulted online, in the ALEX-database of the Austrian National Library.

Reviewing Decisions 

In case that during session, a constitutional judge takes the unconstitutionality of a statutory provision or the unlawfulness of an administrative provision into consideration, he or she has to initiate a review of laws (“Gesetzesprüfungsverfahren”) or of regulations (“Verordnungsprüfungsverfahren”). In this case, the Court summarises its concerns in a so-called reviewing decision. Afterwards, the review of laws or regulations will be conducted in conjunction with the respective authority representing the regulation (federal government, state government, authority which remitted the regulation, federal ministers). In more than 85% of cases, in which a review was officially initiated, the preliminary doubts by the Court actually lead to a repeal of regulations. In all other cases, after a detailed review and hearing of all parties involved, the Court’s assumptions render inapplicable.

See: Decisions to review a norm

Submissions to the European Court of Justice (ECJ)

Like any other Supreme Court, the Constitutional Court is required to appeal to the Court of Justice (ECJ) (order to reference) in case that during session a constitutional judge expresses his or her doubts regarding the validity or interpretation of a – for the Court’s decision essential –  provision of law by the European Union (EU).   

See: Referral for a preliminary ruling

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