Constitutional Court (Austria)

Constitutional Court (Austria)
Court name	Constitutional Court
Native name	Verfassungsgerichtshof
Caption	The seat of the Constitutional Court in the former Böhmische Hofkanzlei, Josefsplatz, Vienna.
Established	01 October 1920
Country	Austria
Location	Vienna
Authority	Federal Constitutional Law
Terms	12 years
Positions	14
Chiefjudgename	Christoph Grabenwarter
Termstart	2020

Constitutional Court (Austria). The Verfassungsgerichtshof (VfGH) is the supreme constitutional authority in the Republic of Austria, established by the Federal Constitutional Law of 1920. It is responsible for reviewing the constitutionality of laws, resolving jurisdictional conflicts, and adjudicating election complaints. As a central pillar of Austrian legal order, it ensures the adherence of all state actions to the principles enshrined in the Federal Constitution.

History

The court was founded on 1 October 1920, based on the designs of legal scholar Hans Kelsen, a key figure in the First Austrian Republic. Its initial role was curtailed following the Austrian Civil War and the establishment of the Austrofascist regime, which suspended its operations in 1933. The court was formally dissolved after the Anschluss with Nazi Germany in 1938. It was re-established by the Provisional Government of Austria in 1945 following the end of World War II and the liberation by the Allied forces. Its modern competencies were significantly expanded through amendments to the Federal Constitutional Law, particularly the landmark 1975 amendment which introduced the principle of comprehensive judicial review.

Composition and appointment

The court consists of a president, a vice-president, and twelve other members, along with six substitute members. All are appointed for a non-renewable term of twelve years. The president, vice-president, six members, and three substitutes are nominated by the Federal Government on the proposal of the Federal Chancellor. The remaining six members and three substitutes are proposed by the National Council and the Federal Council for appointment by the Federal President. Candidates must be legally qualified, having typically served as judges, professors of law, or senior civil servants, ensuring a high degree of professional expertise.

Jurisdiction and powers

Its primary jurisdiction encompasses the review of the constitutionality of federal and state (Länder) legislation, known as abstract and concrete norm control. It adjudicates conflicts of competence between the highest federal bodies, between the federation and the states, and between the states themselves. The court also rules on challenges to the results of elections to the National Council, the Federal Council, and the European Parliament. Furthermore, it hears individual complaints alleging violations of constitutional rights by public authorities and decides on the legality of international treaties.

Procedure

Proceedings are typically initiated by a petition from eligible entities such as the Federal Government, a state government, one-third of the members of the National Council, or an ordinary court. Individuals can file complaints after exhausting all other legal remedies. Cases are heard by the full bench or specialized senates. The court's deliberations are secret, and its decisions, which are published in the official legal gazette (Bundesgesetzblatt), are final and binding on all state organs. A two-thirds majority is required for a finding of unconstitutionality.

Notable decisions

Significant rulings have shaped Austrian law and society. In 1987, the court nullified parts of the Austrian Broadcasting Corporation law, reinforcing media freedom. A 2003 decision on university tuition fees led to major reforms in the university system. In 2012, it struck down a law permitting lifetime preventive detention, aligning Austrian law with rulings from the European Court of Human Rights. More recently, it has issued pivotal decisions regarding data retention, same-sex partnership rights, and the legality of measures taken during the COVID-19 pandemic in Austria.

Relationship with other courts

As the apex constitutional body, its rulings supersede those of all other courts, including the Supreme Court of Justice and the Supreme Administrative Court. It maintains a cooperative relationship with the European Court of Justice regarding questions of European Union law, and with the European Court of Human Rights concerning the European Convention on Human Rights. While ordinary courts can refer questions of constitutionality to it, they cannot set aside federal laws on their own authority, a power reserved exclusively for the Constitutional Court.

Category:Constitutional courts Category:National supreme courts Category:Government of Austria Category:1920 establishments in Austria