Constitutional Court of Austria مقالة

ملخص الجهاز:

Articles 138 paragraph 2 and (a) 126 of the 1925 Constitution have also added an arbitration jurisdiction at the federal level to the set of the court's powers: the power of preventive supervision over laws solely for the purpose of observing the rules related to the division of legislative competencies between the central government and the local government. In practice, competition between the two courts also exists in the latter case because the rights being violated may not be guaranteed from two angles (in terms of the constitution and ordinary law). 2-b-Jurisdiction to supervise the constitutionality of laws In the beginning, meaning based on the 1920 Constitution, the right to complain was given only to the central government (against state laws) and state governments (against federal laws); however, with the initiative of Kelsen (then advisor to the Minister of Justice), the Constitutional Court could automatically (without the need for a non-complaint) examine the constitutionality of a law. 2-1-Preventive supervision According to paragraph 2 of Article 138 of the Constitution, "whenever a legislative or administrative act encroaches upon the jurisdiction of the central government or a state government, the Constitutional Court, upon a complaint by the central government or the state government, shall decide on this matter". The first example relates to a case where an individual claims that an administrative decision has encroached upon their rights guaranteed by the constitution because this decision was taken on the basis of an ordinary law that is contrary to the constitution (Article 144).