Reichweite und Grenzen der völkerrechtskonformen Interpretation in Österreich

Abstract

According to case law and doctrine, there is a principle of interpreting domestic law in con-formity with international law in Austrian law. This principle follows in particular from Ar-ticle 9 para. 1 of the Austrian Federal Constitutional Law and aims at preventing violations of international law as far as possible. All international law that has become binding for Aus-tria by way of Articles 9 and 50 of the Federal Constitutional Law can serve as a standard of interpretation in conformity with international law, regardless of whether it is directly appli-cable. Inversely, all domestic law must be interpreted in conformity with international law. This obligation is independent of the domestic law’s rank in the hierarchical structure and thus also includes constitutional law. The legal control of the principle of interpretation in conformity with international law is proceduralised. This means that those who apply the law have procedural obligations to take the relevant international into consideration and to pro-vide reasons for their respective decisions.