Gleichheit vor dem Gesetz#
Equality Before the Law
Basic constitutional provision enshrined in the principle of equality.
Laid down in Art. 7 para. 1 of the Austrian Constitution and Art. 2 of
the 1867 Staatsgrundgesetz law and in other constitutional laws. All
citizens are equal before the law and privileges on grounds of birth,
gender, status, class and religion are ruled out. The principle of
equality allows only such discrimination as is justified for material
reasons and forbids any arbitrary action. It is binding on both the
executive and the legislative power and only protects Austrian
citizens and Austrian legal entities. The principle of equality before
the law is the most important of all basic constitutional laws in
Austria, especially as far as legal practice is concerned.
Literature#
R. W. and H. Mayer, Grundriss des Bundesverfassungsrechts, 71992.