!!!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).
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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
F. Ermacora, Der Verfassungsgerichtshof, 1956; V. (ed.),
Die Gerichtsbarkeit des oeffentlichen Rechts in Oesterreich, 1983.
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