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.