Abstract

AbstractThe report shows that the Austrian constitutional framework is composed of a range of domestic and international instruments. The core constitutional act from 1920 is detailed, as are amendments regarding EU and international law. However, the 1867 State Basic Law provides only a generic bill of rights, and therefore the ECHR is the main, constitutionalised source of fundamental rights protection. The Constitutional Court reads the relevant provisions from the different instruments together, to provide a comprehensive protection. Earlier, the constitutional culture had been characterised as formalistic; this changed in the 1980s under the influence of the German Constitutional Court and the ECtHR towards a strict approach to the rule of law and rights. Constitutional review is marked by the principles of legality and reasonability. It is notable that several cases at the heart of the present research project have originated from Austrian courts, such as Data Retention (Seitlinger), Heinrich, Schmidberger and Weidacher. Regarding the European Arrest Warrant, the Austrian courts stand out with a rights-protective approach. The challenge to the ESM Treaty led to constitutional amendments that ensure parliamentary authorisation for increased expenditure. The report outlines areas where EU law has improved fundamental rights protection as well as those where it has been weakened. The report makes a case for retaining the pluralism and diversity of constitutional cultures, finding that it is necessary to see the incommensurability of the various legal traditions and the impracticability of attempting to unify all traditions in one common constitutional tradition.

Highlights

  • The report shows that the Austrian constitutional framework is composed of a range of domestic and international instruments

  • It is notable that several cases at the heart of the present research project have originated from Austrian courts, such as Data Retention (Seitlinger), Heinrich, Schmidberger and Weidacher

  • The report makes a case for retaining the pluralism and diversity of constitutional cultures, finding that it is necessary to see the incommensurability of the various legal traditions and the impracticability of attempting to unify all traditions in one common constitutional tradition

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Summary

Lachmayer

Á Keywords The Constitution of Austria Constitutional amendments regarding EU Á and international co-operation Constitutionalisation of the ECHR Á EU Charter of Fundamental Rights The Austrian Constitutional Court Á Constitutional review statistics Fundamental rights and the rule of law Á Seitlinger Data Retention Directive, the right to privacy and secrecy of comÁ Á munications European Arrest Warrant Heinrich and publication of laws Á Á Judicial dialogues ESM Treaty The principles of legal certainty and legitimate Á expectations Pluralism and diversity

Constitutional Culture
The Amendment of the Constitution in Relation to the European Union
Conceptualising Sovereignty and the Limits to the Transfer of Powers
The Constitution involves the Austrian
The direct democratic dimensions of the
As already mentioned above, the
The exercise of power on an international and
The Position of Constitutional Rights and the Rule of Law in the Constitution
The fundamental rights in the
Constitutional Rights, the European Arrest Warrant and EU Criminal Law
Conclusion
Before the EU introduced its Data Retention Directive,106 the
The Heinrich case119 was an Austrian case which did not happen by chance
After the accession to the EU, the Constitutional
The implementation of the ESM Treaty in the
With regard to further financial matters it is – by
Judicial Review of EU Measures
Other Constitutional Rights and Principles
2.10 Common Constitutional Traditions
2.11.1 Article 53 of the
2.12 Democratic Debate on Constitutional Rights and Values
2.13 Conclusion
Constitutional Rules on International Organisations and the Ratification of Treaties
The Position of International Law in National Law
Although there has been debate on monism and dualism in
Article 65 of the Constitution states that it is the role of the Austrian
Direct democracy is not the usual approach to international law in Austria
Article 140a of the Constitution empowers the Constitutional
The Social Welfare Dimension of the Constitution
Findings
While Austrian constitutional law is ready to adapt its standards to
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