Table of contents
Constitutional Court
The Constitutional Court (VfGH) is the highest body in Austria that oversees compliance with the Federal Constitution. It reviews laws, ordinances, and state treaties for their constitutionality and decides on complaints against rulings by administrative courts if fundamental rights might have been violated.
Furthermore, it is responsible for the control of elections, popular initiatives, referendums, and popular consultations. Due to this central role, it is often referred to as the “Guardian of the Constitution.” The procedures before the Constitutional Court are precisely regulated, and the Court’s decisions have far-reaching consequences for citizens, businesses, and state organs.
The Constitutional Court is Austria’s supreme court for constitutional matters. It protects fundamental rights, reviews laws, and controls elections.
Peter HarlanderHarlander & Partner Rechtsanwälte „Der Verfassungsgerichtshof ist kein Superrevisionsgericht, er schützt die Verfassung: Er korrigiert Grundrechtseingriffe und entfernt verfassungswidrige Normen aus dem Rechtsbestand.“
Cases Decided by the Constitutional Court
The most important question is: What exactly does the Constitutional Court decide on? Its jurisdiction is precisely regulated in the Federal Constitution. It only deals with proceedings that are of central importance for the protection of fundamental rights and the maintenance of the rule of law.
Complaints against Administrative Courts
The Constitutional Court decides on complaints when affected parties claim that their fundamental rights have been violated by a ruling of an administrative court. It examines whether an unconstitutional law or an unlawful ordinance was applied. The outcome can be an annulment, dismissal, or rejection.
Review of Laws
A core task of the Court is the review of federal and state laws. If it finds unconstitutionality, it annuls the provision. Those entitled to file an application include courts, the federal government, and also citizens by way of an individual application.
Review of Ordinances
Ordinances issued by administrative authorities are also reviewed for their legality. If the Court finds a provision to be unlawful, it is annulled.
Review of State Treaties
State treaties are reviewed for their compatibility with the Constitution and laws. While the Court cannot annul them, it can determine their unlawfulness. They may then no longer be applied.
Election Review
The Constitutional Court controls the legality of central elections, such as the presidential election, the National Council election, or the election to the European Parliament. If illegalities are found, the election or part of the election procedure can be declared void and repeated.
Popular Initiatives, Referendums, and Popular Consultations
Direct democratic procedures are also subject to the Court’s control. If it finds illegalities, it can declare the result void.
Loss of Mandate
The Court decides whether members of parliament or government members lose their mandate. This ensures that incompatibility rules or legal grounds for exclusion are observed.
Pecuniary Claims
Certain monetary or material claims against the federal government, states, and municipalities fall within the jurisdiction of the Court if no other instance is competent. Examples include repayments of unjustly levied fines or compensation for EU law violations.
Conflicts of Competence
If it is unclear whether the federal government, a state, an administrative authority, or a court is competent, the Constitutional Court clarifies the conflict. This ensures the smooth functioning of the legal system.
Investigative Committees
Disputes related to parliamentary investigative committees, such as concerning their establishment, powers, or personal rights, are also decided by the Court.
Charges against Supreme State Organs
Finally, the Court can hear charges against supreme state organs such as the Federal President or government members. If a conviction is pronounced, the person concerned loses their office, and in particularly severe cases, their political rights.
Procedural Flow – the Path to a Decision
- Submission of the application: Depending on the type of procedure, as a complaint, application, lawsuit, election challenge, or indictment.
- Mandatory legal representation: Generally, a lawyer must be involved. For low incomes, legal aid is possible.
- Preliminary review: The court checks whether deadlines, jurisdiction, and formalities have been observed.
- Statements: Authorities, courts, or parties can submit their views.
- Hearing: In important cases, a public oral hearing takes place.
- Decision: The Court issues a ruling or a resolution.
Deadlines and Formalities
- Complaints against administrative courts: 6 weeks from delivery.
- Election challenges: 1 week (presidential election, European election) or 4 weeks (National Council, state parliament, municipal council).
- Applications must be submitted electronically.
- Suspensive effect only occurs upon application.
Sebastian RiedlmairHarlander & Partner Attorneys „Entscheidend sind Frist, Form und Fokus: Wer den maßgeblichen Grundrechtseingriff sauber herausarbeitet und die Zulässigkeitsvoraussetzungen erfüllt, maximiert die Erfolgschancen.“
Practical Examples for Citizens
- Fundamental rights complaint: A person defends against an administrative penalty due to a demonstration.
- Normative review: An entrepreneur considers a tax provision unconstitutional and files an individual application.
- Election challenge: A party requests the annulment of a state parliament election due to irregularities in vote counting.
Costs and Legal Aid
- In case of financial need, legal aid can be applied for, which covers the costs for a lawyer.
- Flat fees apply for proceedings.
- In addition, there are costs for legal representation.
Location and Accessibility
The Constitutional Court is located in the historic building at Freyung 8, 1010 Vienna. The Palace of Justice is publicly accessible, but visitors must undergo a security check similar to an airport. Therefore, please allow sufficient time for an appointment.
The Court is best reached by public transport (subway lines U2, U3, tram lines D, 1, 71, and various bus connections). Parking facilities in the vicinity are limited.
Security and Access to the Court
Visitors pass through a security check. Therefore, please allow additional time and avoid items that would need to be confiscated, such as pocket knives, scissors, or similar objects. Please bring an official photo ID. For public hearings, seating may be limited.
Your Advantages with our Support
A procedure before the Constitutional Court requires precision, consistency, and experience. You specifically benefit because we:
- select the correct type of procedure and secure jurisdiction,
- monitor deadlines and comply with formal requirements,
- get straight to the point with the reasoning and strategically use evidence,
- if necessary, simultaneously appeal to the Administrative Court and thus strengthen your position,
- and precisely formulate applications for suspensive effect and legal aid.
