Verfassungsgerichtshof#

Constitutional Court, one of the 3 highest courts in Austria, seat in Vienna, decides on the constitutionality of federal or provincial laws, the legality of decrees, claims regarding the disputed election of the federal president and elections of general representative bodies (National Council, provincial diets), conflicts of jurisdiction between courts and administrative authorities and between the Administrative Court and all other courts. The Constitutional Court also decides disputes between the Court of Audit and the Federal Government or a Provincial Government regarding the jurisdiction of the Court of Audit. It also adjudges proprietary claims against the state, the provinces, municipalities and associations of municipalities which can neither be settled by a regular court nor by decision of an administrative authority, complaints against decisions of an administrative authority, if the complainant believes that the decision has violated one of his/her Fundamental Rights and Freedoms, charges which assert the constitutional responsibility of the highest federal and provincial organs, etc. The Constitutional Court is composed of a president, a vice president, 12 further members and 6 alternates who are appointed by the federal president and are independent and not transferable. They must not be members of the federal government or of one of the provincial governments, the National Council, Bundesrat or any of the general representative bodies, nor employees or other officials of a political party ( Incompatibility).

The Constitutional Court was created in 1919 when the jurisdictions of the Reichsgerichtshof (Protection of the Constitution, claims of the Crown Lands against the Monarchy and vice versa, jurisdictional disputes) and the Staatsgerichtshof (charges against ministers) were consolidated; it was suspended in 1934 (some of its functions were assigned to the Bundesgerichtshof) and re-established in 1945; organisational matters and proceedings are determined by the Law on the Constitutional Court.

Literature#