Abstract
A reform of the Austrian Federal Constitution intends to close a gap in individual legal protection in the domestic judicial review system. Starting with 1 January 2015 a new remedy will provide parties of civil and criminal proceedings with the possibility of filing a complaint with the Constitutional Court challenging the constitutionality of an applied statute or the legality of an applied administrative ordinance. The application of a party for judicial review is only admissible after a ruling by the civil or criminal trial court in connection with an appeal against the court’s ruling. Planned amendments to procedural laws intend to exclude various types of proceedings from the new remedy. Both these aspects are seen critically in terms of the effectiveness of the new remedy and the individual legal protection.
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